The family courts body received 4,163 private law referrals in June, up nearly 30% on 12 months earlier and the highest monthly figure it has reported since recording began in April 2006.

The figure dropped slightly to 4,138 in July, but this was still 16% higher than in July 2008.

Cafcass received more than 15,000 referrals in the four months from April to July 2009, up 16.5% on the same period last year.

Double record

June’s private law record completes an unfortunate double that has stretched Cafcass’s resources this year. In March, after publicity over the baby Peter case, it reported the highest-ever monthly number of applications for care orders, 739 – up 37.5% on March 2008.

Although Cafcass has revealed the increasing pressures it faces from private law referrals, Her Majesty’s Courts Service (HMCS) does not have figures for the total number of family law applications for the period in question.

A spokesperson for HMCS would not comment when asked whether the increase in referrals to Cafcass was having a knock-on effect on the courts.

“We work very closely with Cafcass to ensure that all private law cases are progressed as quickly as possible and in the best interests of the child,” he said.

However, she said courts faced delays of four to five months in private law cases in receiving reports from Cafcass practitioners. Attempts to “clear the backlog” in care cases could leave fewer practitioners available to work on private law.

Thomson said lawyers continued to encourage clients in private law cases to resolve their differences without going to court.

“Anything that diverts people from the court process is great for the family and for children,” she said.

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